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Citation: Stat. - Cal. Civ. Proc. Code 704.960

See also: Cal. Civ. Proc. Code 704.920 See also: Cal. Civ. Proc. Code 704.950 See also: Cal. Civ. Proc. Code 704.960

California Bankruptcy Exemptions

Category: Homestead

Summary: May file homestead declaration to protect exemption amount from attachment of judicial liens and to protect proceeds of voluntary sale for 6 months.

  • Other State Citations
  • Other States on this topic 2

Other California Exemption Citations

  • Cal. Civ. Proc. Code 704.710 - Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development, or condo to $75,000 if single & not disabled; $100,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common); $175,000 if 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, & with gross annual income under $25,000 or married & gross annual income under $35,000 & creditors seek to force the sale of your home; forced sale proceeds received exempt for 6 months after; separated but married debtor may claim homestead in community property still occupied by other spouse. (Husband & wife may not double)
  • Cal. Civ. Proc. Code 704.720 - Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development, or condo to $75,000 if single & not disabled; $100,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common); $175,000 if 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, & with gross annual income under $25,000 or married & gross annual income under $35,000 & creditors seek to force the sale of your home; forced sale proceeds received exempt for 6 months after; separated but married debtor may claim homestead in community property still occupied by other spouse. (Husband & wife may not double)
  • Cal. Civ. Proc. Code 704.730 - Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development, or condo to $75,000 if single & not disabled; $100,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common); $175,000 if 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, & with gross annual income under $25,000 or married & gross annual income under $35,000 & creditors seek to force the sale of your home; forced sale proceeds received exempt for 6 months after; separated but married debtor may claim homestead in community property still occupied by other spouse. (Husband & wife may not double)
  • In re McFall, 112 B.R. 336 (9th Cir. B.A.P. 1990) - Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development, or condo to $75,000 if single & not disabled; $100,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common); $175,000 if 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, & with gross annual income under $25,000 or married & gross annual income under $35,000 & creditors seek to force the sale of your home; forced sale proceeds received exempt for 6 months after; separated but married debtor may claim homestead in community property still occupied by other spouse. (Husband & wife may not double)
  • Cal. Civ. Proc. Code 704.920 - May file homestead declaration to protect exemption amount from attachment of judicial liens and to protect proceeds of voluntary sale for 6 months.
  • Cal. Civ. Proc. Code 704.950 - May file homestead declaration to protect exemption amount from attachment of judicial liens and to protect proceeds of voluntary sale for 6 months.
  • Cal. Civ. Proc. Code 704.960 - May file homestead declaration to protect exemption amount from attachment of judicial liens and to protect proceeds of voluntary sale for 6 months.
  • Cal. Civ. Proc. Code 704.130 - Disability or health benefits
  • Cal. Civ. Proc. Code 704.170 - Fraternal Benefit Society benefits
  • Cal. Civ. Proc. Code 704.120 - Fraternal unemployment benefits
  • In re Laskin, 222 B.R. 872 (9th Cir BAP 1998) - Cannot strip off lien using 506 in chapter 7
  • Cal. Civ. Proc. Code 704.050 - Exemptions Indexed for inflation every 4 years
  • Cal. Civ. Proc. Code 703.140 (b)(9) - Exemptions Indexed for inflation every 4 years
  • Cal. Fin. Code 17410 - Funds held in escrow
  • Cal. Civ. Proc. Code 704.200 - Burial plot
  • Cal. Civ. Proc. Code 704.030 - Building materials to repair or improve home to $3,200 (husband and wife may not double)
  • Cal. Civ. Proc. Code 704.080 - Bank deposits from Social Security Administration to $3,200 ($4,800 for husband and wife); unlimited if SS funds are not commingled with other funds Bank deposits of other public benefits to $1,600 ($2,375 for husband and wife)
  • Cal. Civ. Proc. Code 704.020 - Appliances, furnishings, clothing, & food
  • Cal. Civ. Proc. Code 704.110 - Public retirement benefits
  • Cal. Gov't. Code 21255 - Public employees
  • Cal. Civ. Proc. Code 704.115 - Private retirement benefits, including IRAs & Keoghs
  • Cal. Gov't. Code 31913 - County peace officers
  • Cal. Gov't. Code 32210 - County firefighters
  • Cal. Gov't. Code 31452 - County employees
  • Cal. Corp. Code 16501 - Property of business partnership
  • Cal. Civ. Proc. Code 695.060 - Business or professional licenses
  • Cal. Civ. Proc. Code 704.090 - Inmates' trust funds to $1,600 (husband and wife may not double)
  • Cal. Civ. Proc. Code 704.100 (b) - Unmatured life insurance policy loan value to $12,800 (husband & wife may double)
  • Cal. Civ. Proc. Code 704.100 (c) - Matured life insurance benefits needed for support
  • Cal. Ins. Code 10132 - Life insurance proceeds or avails if clause prohibits proceeds from being used to pay beneficiary's creditors
  • Cal. Ins. Code 10170 - Life insurance proceeds or avails if clause prohibits proceeds from being used to pay beneficiary's creditors
  • Cal. Ins. Code 10171 - Life insurance proceeds or avails if clause prohibits proceeds from being used to pay beneficiary's creditors
  • Cal. Civ. Proc. Code 704.720 (b) - Homeowners' insurance proceeds for 6 months after received, to homestead exemption amount
  • Cal. Lab. Code 404 - Fidelity bonds
  • Cal. Civ. Code 1366 (c) - Homeowners' Association Assessments (only exempt from association's creditors)
  • Cal. Civ. Proc. Code 704.040 - Jewelry, heirlooms & art to $8,000 total (husband and wife may not double)
  • Cal. Civ. Proc. Code 704.010 - Motor vehicles to $3,050, or $3,050 in auto insurance for loss or damages (husband and wife may not double)
  • Cal. Civ. Proc. Code 704.140 (a) - Personal injury & wrongful death causes of action
  • Cal. Civ. Proc. Code 704.150 (a) - Personal injury & wrongful death causes of action
  • Cal. Civ. Proc. Code 704.140 (b),(c),(d) - Personal injury & wrongful death recoveries needed for support; if receiving installments, at least 75%
  • Cal. Civ. Proc. Code 704.150 (b),(c) - Personal injury & wrongful death recoveries needed for support; if receiving installments, at least 75%
  • Cal. Civ. Proc. Code 704.170 - Aid to blind, aged, disabled; public assistance
  • Cal. Civ. Proc. Code 704.190 - Financial aid to students
  • Cal. Civ. Proc. Code 704.180 - Relocation benefits
  • Cal. Civ. Proc. Code 704.120 - Unemployment benefits
  • Cal. Civ. Proc. Code 704.120 (b)(5) - Union benefits due to labor dispute
  • Cal. Civ. Proc. Code 704.160 - Workers' compensation
  • Cal. Civ. Proc. Code 704.060 - Tools, implements, materials, instruments, uniforms, books, furnishings, & equipment to $8,000 total ($15,975 total if used by both spouses in same occupation); Commercial motor vehicle to $4,850 ($9,700 if used by debtor and spouse in same trade)
  • Cal. Civ. Proc. Code 704.060 - Commercial vehicle (Vehicle Code 260) to $4,850 ($9,700 total if used by both spouses in same occupation)
  • Cal. Civ. Proc. Code 704.070 - Minimum 75% of wages paid within 30 days prior to filing
  • Cal. Civ. Proc. Code 704.113 - Public employees' vacation credits; if receiving installments, at least 75%
  • Cal. Civ. Proc. Code 703.150 - Exemptions Indexed for inflation every 4 years
  • Cal. Corp. Code 16502 - Property of business partnership
  • Cal. Corp. Code 16503 - Property of business partnership
  • Cal. Corp. Code 16504 - Property of business partnership
  • Cal. Civ. Proc. Code 703.130 - California has elected to "opt out" of the federal exemptions pursuant to Code 522(b). CCPC 703.130. In California, the state law provides for two alternative sets of exemptions with one of the alternatives being very similar to the exemptions listed in Code 522(d). Choices between the two alternatives are limited in that a husband and wife filing jointly must both elect the same alternative and a married debtor filing individually cannot elect the provisions similar to those provided under the Bankruptcy Code unless the nonfiling spouse agrees to waive the right to claim the alternative exemption during the subsequent bankruptcy of that debtor.
  • Cal. Civ. Proc. Code 703.150 (c) - Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development, or condo to $75,000 if single & not disabled; $100,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common); $175,000 if 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, & with gross annual income under $25,000 or married & gross annual income under $35,000 & creditors seek to force the sale of your home; forced sale proceeds received exempt for 6 months after; separated but married debtor may claim homestead in community property still occupied by other spouse. (Husband & wife may not double)
  • Cal. Civ. Proc. Code 704.210 - Funds held in escrow

50 State Homestead Exemptions

  • Alaska Stat. 09.38.010 (a) - $72,900 (joint owners may each claim a portion, but total can't exceed $72,900)
  • Alaska Admin. Code tit. 8, 95.030 (a) - $72,900 (joint owners may each claim a portion, but total can't exceed $72,900)
  • Ala. Code 6-10-2 - Real property or mobile home to $15,000; property cannot exceed 160 acres (husband & wife may double)
  • Ala. Code 6-10-20 - Must record homestead declaration before attempted sale of home
  • Ala. Code 6-10-4 - Real property or mobile home to $15,000; property cannot exceed 160 acres (husband & wife may double)
  • Ark. Const. Art. 9, 3 - 1. For married person or head of family: unlimited exemption on real or personal property used as residence to 1/4 acre in city, town, or village, or 80 acres elsewhere; if property is between 1/41 acre in city, town, or village, or 80-160 acres elsewhere, additional limit is $2,500; homestead may not exceed 1 acre in city, town, or village, or 160 acres elsewhere (husband & wife may not double)
  • Ark. Const. Art. 9, 4 - 1. For married person or head of family: unlimited exemption on real or personal property used as residence to 1/4 acre in city, town, or village, or 80 acres elsewhere; if property is between 1/41 acre in city, town, or village, or 80-160 acres elsewhere, additional limit is $2,500; homestead may not exceed 1 acre in city, town, or village, or 160 acres elsewhere (husband & wife may not double)
  • Ark. Const. Art. 9, 5 - 1. For married person or head of family: unlimited exemption on real or personal property used as residence to 1/4 acre in city, town, or village, or 80 acres elsewhere; if property is between 1/41 acre in city, town, or village, or 80-160 acres elsewhere, additional limit is $2,500; homestead may not exceed 1 acre in city, town, or village, or 160 acres elsewhere (husband & wife may not double)
  • Ark. Code Ann. 16-66-210 - 1. For married person or head of family: unlimited exemption on real or personal property used as residence to 1/4 acre in city, town, or village, or 80 acres elsewhere; if property is between 1/41 acre in city, town, or village, or 80-160 acres elsewhere, additional limit is $2,500; homestead may not exceed 1 acre in city, town, or village, or 160 acres elsewhere (husband & wife may not double)
  • Ark. Code Ann. 16-66-218 (b)(3), (4) - 1. For married person or head of family: unlimited exemption on real or personal property used as residence to 1/4 acre in city, town, or village, or 80 acres elsewhere; if property is between 1/41 acre in city, town, or village, or 80-160 acres elsewhere, additional limit is $2,500; homestead may not exceed 1 acre in city, town, or village, or 160 acres elsewhere (husband & wife may not double)
  • In re Stevens, 829 F.2d 693 (8th Cir. 1987) - 1. For married person or head of family: unlimited exemption on real or personal property used as residence to 1/4 acre in city, town, or village, or 80 acres elsewhere; if property is between 1/41 acre in city, town, or village, or 80-160 acres elsewhere, additional limit is $2,500; homestead may not exceed 1 acre in city, town, or village, or 160 acres elsewhere (husband & wife may not double)
  • Ark. Code Ann. 16-66-218 (a)(1) - 2. Real or personal property used as residence to $800 if single; $1,250 if married
  • Ariz. Rev. Stat. 33-1101 (A) - Real property, an apartment, or mobile home you occupy to $150,000; sale proceeds exempt 18 months after sale or until new home purchased, whichever occurs first (husband & wife may not double)
  • Ariz. Rev. Stat. 33-1102 - May record homestead declaration to clarify which one of multiple eligible parcels is being claimed as homestead
  • Cal. Civ. Proc. Code 703.140 (b)(1) - Real or personal property, including co-op, used as residence to $26,800; unused portion of homestead may be applied to any property
  • In re Talmadge, 832 F.2d 1120 (9th Cir 1987) - Real or personal property, including co-op, used as residence to $26,800; unused portion of homestead may be applied to any property
  • Cal. Civ. Proc. Code 704.710 - Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development, or condo to $75,000 if single & not disabled; $100,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common); $175,000 if 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, & with gross annual income under $25,000 or married & gross annual income under $35,000 & creditors seek to force the sale of your home; forced sale proceeds received exempt for 6 months after; separated but married debtor may claim homestead in community property still occupied by other spouse. (Husband & wife may not double)
  • Cal. Civ. Proc. Code 704.720 - Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development, or condo to $75,000 if single & not disabled; $100,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common); $175,000 if 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, & with gross annual income under $25,000 or married & gross annual income under $35,000 & creditors seek to force the sale of your home; forced sale proceeds received exempt for 6 months after; separated but married debtor may claim homestead in community property still occupied by other spouse. (Husband & wife may not double)
  • Cal. Civ. Proc. Code 704.730 - Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development, or condo to $75,000 if single & not disabled; $100,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common); $175,000 if 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, & with gross annual income under $25,000 or married & gross annual income under $35,000 & creditors seek to force the sale of your home; forced sale proceeds received exempt for 6 months after; separated but married debtor may claim homestead in community property still occupied by other spouse. (Husband & wife may not double)
  • In re McFall, 112 B.R. 336 (9th Cir. B.A.P. 1990) - Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development, or condo to $75,000 if single & not disabled; $100,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common); $175,000 if 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, & with gross annual income under $25,000 or married & gross annual income under $35,000 & creditors seek to force the sale of your home; forced sale proceeds received exempt for 6 months after; separated but married debtor may claim homestead in community property still occupied by other spouse. (Husband & wife may not double)
  • Cal. Civ. Proc. Code 704.920 - May file homestead declaration to protect exemption amount from attachment of judicial liens and to protect proceeds of voluntary sale for 6 months.
  • Cal. Civ. Proc. Code 704.950 - May file homestead declaration to protect exemption amount from attachment of judicial liens and to protect proceeds of voluntary sale for 6 months.
  • Cal. Civ. Proc. Code 704.960 - May file homestead declaration to protect exemption amount from attachment of judicial liens and to protect proceeds of voluntary sale for 6 months.
  • Cal. Civ. Proc. Code 703.150 (c) - Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development, or condo to $75,000 if single & not disabled; $100,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common); $175,000 if 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, & with gross annual income under $25,000 or married & gross annual income under $35,000 & creditors seek to force the sale of your home; forced sale proceeds received exempt for 6 months after; separated but married debtor may claim homestead in community property still occupied by other spouse. (Husband & wife may not double)
  • Colo. Rev. Stat. 38-41-204 - Spouse or child of deceased owner may claim homestead exemption
  • Colo. Rev. Stat. 38-41-201 - Real property, mobile home, manufactured home, or house trailer you occupy to $75,000; $105,000 if owner, spouse, or dependent is disabled or age 60 or older; sale proceeds exempt 2 years after received (husband & wife may double)
  • Colo. Rev. Stat. 38-41-201.6 - Real property, mobile home, manufactured home, or house trailer you occupy to $75,000; $105,000 if owner, spouse, or dependent is disabled or age 60 or older; sale proceeds exempt 2 years after received (husband & wife may double)
  • Colo. Rev. Stat. 38-41-203 - Real property, mobile home, manufactured home, or house trailer you occupy to $75,000; $105,000 if owner, spouse, or dependent is disabled or age 60 or older; sale proceeds exempt 2 years after received (husband & wife may double)
  • Colo. Rev. Stat. 38-41-207 - Real property, mobile home, manufactured home, or house trailer you occupy to $75,000; $105,000 if owner, spouse, or dependent is disabled or age 60 or older; sale proceeds exempt 2 years after received (husband & wife may double)
  • In re Pastrana, 216 B.R. 948 (Colo. 1998) - Real property, mobile home, manufactured home, or house trailer you occupy to $75,000; $105,000 if owner, spouse, or dependent is disabled or age 60 or older; sale proceeds exempt 2 years after received (husband & wife may double)
  • Conn. Gen. Stat. Ann. 52-352a (e) - Real property, co-op, including mobile or manufactured home, to $75,000 (husband & wife may double); applies only to claims arising after 1993, but to $125,000 in the case of a money judgment arising out of services provided at a hospital.
  • Conn. Gen. Stat. Ann. 52-352b (t) - Real property, co-op, including mobile or manufactured home, to $75,000 (husband & wife may double); applies only to claims arising after 1993, but to $125,000 in the case of a money judgment arising out of services provided at a hospital.
  • D.C. Code Ann. 15-501 (a)(14) - Any property used as a residence or co-op that debtor or debtor's dependent uses as a residence
  • In re Hovatter, 25 B.R. 123 (D. Del.Bankr. 1982) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • Del. Code Ann. tit. 10, 4914 (c)(1) - Equity in real property or equity in a manufactured home that is debtors principal residence not to exceed $75,000 in 2010, $100,000 in 2011, and $125,000 in 2012; $125,000, effective immediately, for persons totally disabled from working or married persons where at least one of the spouses is 65 years old or older. (joint filers may not double)
  • In re Kelley, 361 B.R. 629 (D.Del 2004) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • Fla. Stat. Ann. 222.01 - Real or personal property including mobile or modular home to unlimited value; cannot exceed half acre in municipality or 160 acres elsewhere; spouse or child of deceased owner may claim homestead exemption (husband & wife may double)
  • Fla. Stat. Ann. 222.02 - Real or personal property including mobile or modular home to unlimited value; cannot exceed half acre in municipality or 160 acres elsewhere; spouse or child of deceased owner may claim homestead exemption (husband & wife may double)
  • Fla. Stat. Ann. 222.03 - Real or personal property including mobile or modular home to unlimited value; cannot exceed half acre in municipality or 160 acres elsewhere; spouse or child of deceased owner may claim homestead exemption (husband & wife may double)
  • Fla. Stat. Ann. 222.05 - Real or personal property including mobile or modular home to unlimited value; cannot exceed half acre in municipality or 160 acres elsewhere; spouse or child of deceased owner may claim homestead exemption (husband & wife may double)
  • Fla. Const. Art.10, 4 - Real or personal property including mobile or modular home to unlimited value; cannot exceed half acre in municipality or 160 acres elsewhere; spouse or child of deceased owner may claim homestead exemption (husband & wife may double)
  • In re Colwell, 196 F.3d 1225 (11th Cir. 1999) - Real or personal property including mobile or modular home to unlimited value; cannot exceed half acre in municipality or 160 acres elsewhere; spouse or child of deceased owner may claim homestead exemption (husband & wife may double)
  • Fla. Stat. Ann. 222.01 - May file homestead declaration
  • Havoco of America, Ltd. v. Hill, 197 F.3d 1135 (11th Cir Fla. 1999) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • In re Taylor, 320 B.R. 214 (Bkrtcy.N.D.Ga., 2005) - Real or personal property, including co-op, used as residence to $21,500 ($43,000 if married, and the property is solely owned by one spouse); up to $5,000 of unused portion of homestead may be applied to any property
  • Ga. Code Ann. 44-13-100 (a)(1); - Real or personal property, including co-op, used as residence to $21,500 ($43,000 if married, and the property is solely owned by one spouse); up to $5,000 of unused portion of homestead may be applied to any property
  • Ga. Code Ann. 44-13-100 (a)(6) - Real or personal property, including co-op, used as residence to $21,500 ($43,000 if married, and the property is solely owned by one spouse); up to $5,000 of unused portion of homestead may be applied to any property
  • Haw. Rev. Stat. 651-93 - Head of family or over 65 to $30,000; all others to $20,000; property cannot exceed 1 acre; sale proceeds exempt for 6 months after sale (husband & wife may not double)
  • Haw. Rev. Stat. 651-91 - Head of family or over 65 to $30,000; all others to $20,000; property cannot exceed 1 acre; sale proceeds exempt for 6 months after sale (husband & wife may not double)
  • Haw. Rev. Stat. 651-92 - Head of family or over 65 to $30,000; all others to $20,000; property cannot exceed 1 acre; sale proceeds exempt for 6 months after sale (husband & wife may not double)
  • Haw. Rev. Stat. 651-96 - Head of family or over 65 to $30,000; all others to $20,000; property cannot exceed 1 acre; sale proceeds exempt for 6 months after sale (husband & wife may not double)
  • Iowa Code 561.4 - May record homestead declaration
  • Iowa Code 499A.18 - Real property or an apartment to an unlimited value; property cannot exceed 1/2 acre in town or city, 40 acres elsewhere (husband & wife may not double)
  • Iowa Code 561.2 - Real property or an apartment to an unlimited value; property cannot exceed 1/2 acre in town or city, 40 acres elsewhere (husband & wife may not double)
  • Iowa Code 561.16 - Real property or an apartment to an unlimited value; property cannot exceed 1/2 acre in town or city, 40 acres elsewhere (husband & wife may not double)
  • Idaho Code 55-1004 - Must record homestead exemption for property that is not yet occupied
  • Idaho Code 55-1003 - Real property or mobile home to $100,000; sale proceeds exempt for 6 months (husband and wife may not double)
  • Idaho Code 55-1113 - Real property or mobile home to $100,000; sale proceeds exempt for 6 months (husband and wife may not double)
  • 735 Ill. Comp. Stat. 5/12-902 - Spouse or child of deceased owner may claim homestead exemption
  • 735 Ill. Comp. Stat. 5/12-901 - Real or personal property including a farm, lot, & buildings, condo, co-op, or mobile home to $15,000 (husband and wife may double); sale proceeds exempt for 1 year
  • 735 Ill. Comp. Stat. 5/12-906 - Real or personal property including a farm, lot, & buildings, condo, co-op, or mobile home to $15,000 (husband and wife may double); sale proceeds exempt for 1 year
  • Ind. Code Ann. 34-55-10-2.5 - Real or personal property used as residence to $19,300 (husband and wife may double);
  • Ind. Code Ann. 34-55-10-2 (c)(5) - Property held as tenancy by the entirety may be exempt against debts incurred by only one spouse
  • Ind. Code Ann. 34-55-10-2 (c)(1) - Real or personal property used as residence to $19,300 (husband and wife may double);
  • Ind. Code Ann. 34-55-10-2 (c) - Real or personal property used as residence to $19,300 (husband and wife may double);
  • Kan. Stat. Ann. 60-2301 - Real property or mobile home you occupy or intend to occupy to unlimited value; property cannot exceed 1 acre in town or city, 160 acres on farm. (New in 2011: If existing homestead land is annexed by city, homestead retains its prior protection despite annexation.)
  • Kan. Const. art. 15 9 - Real property or mobile home you occupy or intend to occupy to unlimited value; property cannot exceed 1 acre in town or city, 160 acres on farm. (New in 2011: If existing homestead land is annexed by city, homestead retains its prior protection despite annexation.)
  • Ky. Rev. Stat. Ann. 427.090 - Real or personal property used as residence to $5,000; sale proceeds exempt
  • Ky. Rev. Stat. Ann. 427.060 - Real or personal property used as residence to $5,000; sale proceeds exempt
  • La. Rev. Stat. Ann. 20:1 (A)(1),(2),(3) - Property you occupy to $35,000 (if debt is result of catastrophic or terminal illness or injury, limit is full value of property as of 1 year before filing); cannot exceed 5 acres in city or town, 200 acres elsewhere (husband & wife may not double)
  • La. Rev. Stat. Ann. 13:3881 - Disaster relief insurance proceeds for exempt property
  • La. Rev. Stat. Ann. 20:1 (B) - Spouse or child of deceased owner may claim homestead exemption; spouse given home in divorce gets homestead
  • Mass. Gen. Laws ch. 188, 1 - Automatic homestead $125,000; "Declared homestead" to $500,000 for property you occupy or intend to occupy (including mobile home); (co-owners may not double) (special rules if over 62 or disabled, may double to 1,000,00).
  • Mass. Gen. Laws ch. 188, 2 - Automatic homestead $125,000; "Declared homestead" to $500,000 for property you occupy or intend to occupy (including mobile home); (co-owners may not double) (special rules if over 62 or disabled, may double to 1,000,00).
  • Mass. Gen. Laws ch. 188, 5 - Automatic homestead $125,000; "Declared homestead" to $500,000 for property you occupy or intend to occupy (including mobile home); (co-owners may not double) (special rules if over 62 or disabled, may double to 1,000,00).
  • In re Peirce, 467 B.R. 260 (Bankr.D.Minn. 2012) - Automatic homestead $125,000; "Declared homestead" to $500,000 for property you occupy or intend to occupy (including mobile home); (co-owners may not double) (special rules if over 62 or disabled, may double to 1,000,00).
  • Mass. Gen. Laws ch. 188, 2 - Special rules for elderly and disabled.
  • Mass. Gen. Laws ch. 188, 7 - Spouse or children of deceased owner may claim homestead exemption
  • Mass. Gen. Laws ch. 209, 1 - Property held as tenancy by the entirety may be exempt against debt for non-necessity owed by only one spouse.
  • In re Birney, 200 F.3d 225 (4th Cir. 1999) - Property held as tenancy by the entirety is exempt against debts owed by only one spouse
  • Md. Code Ann., [Cts. & Jud. Proc.] 11-504 (f) - Owner occupied residential property or condo or co-op to $22,975 (husband and wife may not double), can only be claimed once every 8 years. (Note:Maryland homestead cap is equal to the Federal inflation-adjusted homestead amount.)
  • Me. Rev. Stat. Ann. tit. 14, 4422 (1) - Real or personal property (including cooperative) used as residence to $47,500; if debtor has minor dependents in residence, to $95,000; if debtor over age 60 or physically or mentally disabled, $95,000 (joint debtors in this category may double); proceeds of sale exempt for six months
  • In re Lindstrom, 331 B.R. 267 (E.D. Mich. 2006) - Real property including condo to $37,775, $56,650 if elderly or disabled; property cannot exceed 1 lot in town, village, city, or 40 acres elsewhere; spouse or children of deceased owner may claim homestead exemption. Spouses or unmarried co-owners may not double.
  • Mich. Comp. Laws 600.5451 (1)(m) - Real property including condo to $37,775, $56,650 if elderly or disabled; property cannot exceed 1 lot in town, village, city, or 40 acres elsewhere; spouse or children of deceased owner may claim homestead exemption. Spouses or unmarried co-owners may not double.
  • Vinson v. Dakmak, 347 B.R. 620 (E.D. Mich 2006) - Real property including condo to $37,775, $56,650 if elderly or disabled; property cannot exceed 1 lot in town, village, city, or 40 acres elsewhere; spouse or children of deceased owner may claim homestead exemption. Spouses or unmarried co-owners may not double.
  • In re Tveten, 402 N.W.2d 551 (Minn 1987) - Only reasonable amount may be exempted.
  • In re Medill, 119 B.R. 685 (D.Minn 1990) - Only reasonable amount may be exempted.
  • Minn. Stat. Ann. 510.01 - Home and land on which it is situated to $390,000; if homestead is used for agricultural purposes, $975,000; cannot exceed 1/2 acre in city, 160 acres elsewhere (husband & wife may not double)
  • Minn. Stat. Ann. 510.02 - Home and land on which it is situated to $390,000; if homestead is used for agricultural purposes, $975,000; cannot exceed 1/2 acre in city, 160 acres elsewhere (husband & wife may not double)
  • Minn. Stat. Ann. 550.37 subd. 12 - Manufactured home to an unlimited value
  • In re Eads, 271 B.R. 371 (Bkrtcy. W.D. Mo. 2002) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • Mo. Rev. Stat. 513.430 1.(6) - Real property to $15,000 or mobile home to $5,000 (joint owners may not double)
  • Mo. Rev. Stat. 513.475 - Real property to $15,000 or mobile home to $5,000 (joint owners may not double)
  • In re Smith,, 254 B.R. 751 (W.D. Mo. 2000) - Real property to $15,000 or mobile home to $5,000 (joint owners may not double)
  • In re Hurd, 441 BR 116 (BAP 8th Cir 2010) - Real property to $15,000 or mobile home to $5,000 (joint owners may not double)
  • Miss. Code Ann. 85-3-1 (b)(i) - Property you own & occupy to $75,000; if over 60 and married or widowed may claim a former residence; property cannot exceed 160 acres; sale proceeds exempt
  • Miss. Code Ann. 85-3-21 - Property you own & occupy to $75,000; if over 60 and married or widowed may claim a former residence; property cannot exceed 160 acres; sale proceeds exempt
  • Miss. Code Ann. 85-3-23 - Property you own & occupy to $75,000; if over 60 and married or widowed may claim a former residence; property cannot exceed 160 acres; sale proceeds exempt
  • In re Cobbins, 234 B.R. 882 (S.D. Miss. 1999) - Mobile home does not qualify as homestead unless you own land on which it is located (see personal property)
  • Miss. Code Ann. 85-3-27 - May file homestead declaration
  • Miss. Code Ann. 85-3-31 - May file homestead declaration
  • Mont. Code Ann. 70-32-105 - Must record homestead declaration before filing for bankruptcy
  • Mont. Code Ann. 25-13-615 - Real property or mobile home you occupy to $250,000; sale, condemnation, or insurance proceeds exempt for 18 months
  • Mont. Code Ann. 70-32-104 - Real property or mobile home you occupy to $250,000; sale, condemnation, or insurance proceeds exempt for 18 months
  • Mont. Code Ann. 70-32-201 - Real property or mobile home you occupy to $250,000; sale, condemnation, or insurance proceeds exempt for 18 months
  • Mont. Code Ann. 70-32-213 - Real property or mobile home you occupy to $250,000; sale, condemnation, or insurance proceeds exempt for 18 months
  • Mont. Code Ann. 70-32-105 - Must record homestead declaration before filing for bankruptcy
  • N.C. Gen. Stat. 1C-1601 (a)(1),(2) - Real or personal property, including co-op, used as residence to $35,000 (husband and wife may double) ($60,000 if 65 or older and spouse is deceased); up to $5,000 of unused portion of homestead may be applied to any property
  • In re Chandler, 148 B.R. 13 (E.D. N.C. 1992) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • N.D. Cent. Code 28-22-02 ) - Real property, house trailer, or mobile home to $100,000 (husband & wife may not double)
  • N.D. Cent. Code 47-18-01 - Real property, house trailer, or mobile home to $100,000 (husband & wife may not double)
  • Neb. Rev. Stat. 25-1556 - $60,000 for head of family or unmarried person age 65 or older; cannot exceed 2 lots in city or village, 160 acres elsewhere; sale proceeds exempt 6 months after sale (husband & wife may not double)
  • Neb. Rev. Stat. 40-111 - $60,000 for head of family or unmarried person age 65 or older; cannot exceed 2 lots in city or village, 160 acres elsewhere; sale proceeds exempt 6 months after sale (husband & wife may not double)
  • Neb. Rev. Stat. 40-113 - $60,000 for head of family or unmarried person age 65 or older; cannot exceed 2 lots in city or village, 160 acres elsewhere; sale proceeds exempt 6 months after sale (husband & wife may not double)
  • Neb. Rev. Stat. 40-105 - May record homestead declaration
  • N.H. Rev. Stat. Ann. 480:1 - Real property or manufactured housing (and the land it's on if you own it) to $100,000
  • Freda v. Commercial Trust Co. of New Jersey, 570 A.2d 409 (N.J. 1990) - None, but survivorship interest of a spouse in property held as tenancy by the entirety is exempt from creditors of a single spouse
  • N.M. Stat. Ann. 42-10-9 - $60,000 (joint owners may double)
  • Nev. Rev. Stat. Ann. 115.020 - Must record homestead declaration before filing for bankruptcy
  • In re Lennox, 58 B.R. 104 (D. Nev. 1986) - Real property or mobile home to $550,000 (husband & wife may not double)
  • Nev. Rev. Stat. Ann. 115.020 - Real property or mobile home to $550,000 (husband & wife may not double)
  • Nev. Rev. Stat. Ann. 115.005 - Real property or mobile home to $550,000 (husband & wife may not double)
  • Nev. Rev. Stat. Ann. 115.010 - Real property or mobile home to $550,000 (husband & wife may not double)
  • Nev. Rev. Stat. Ann. 21.090 (1)(m) - Real property or mobile home to $550,000 (husband & wife may not double)
  • In re Pearl, 723 F.2d 193 (2nd Cir. 1983) - Real property including co-op, condo, or mobile home, to $165,550 for the counties of Kings, New York, Queens, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester, and Putnam; $131.325 for the counties of Dutchess, Albany, Columbia, Orange, Saratoga, and Ulster; $82,775 for the remaining counties in the state. (husband & wife may double)
  • N.Y. CPLR 5206 (a) - Real property including co-op, condo, or mobile home, to $165,550 for the counties of Kings, New York, Queens, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester, and Putnam; $131.325 for the counties of Dutchess, Albany, Columbia, Orange, Saratoga, and Ulster; $82,775 for the remaining counties in the state. (husband & wife may double)
  • In re Pernus, 143 B.R. 856 (N.D. Ohio 1992) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • Ohio Rev. Code Ann. 2329.66 (A)(1)(b) - Real or personal property used as residence to $136,925.
  • 31 Okla. Stat. Ann. 1 (A)(1) - Real property or manufactured home to unlimited value; property cannot exceed 1 acre in city, town, or village, or 160 acres elsewhere; $5,000 limit if more than 25% of total sq. ft. area used for business purposes; okay to rent homestead as long as no other residence is acquired
  • 31 Okla. Stat. Ann. 1 (A)(2) - Real property or manufactured home to unlimited value; property cannot exceed 1 acre in city, town, or village, or 160 acres elsewhere; $5,000 limit if more than 25% of total sq. ft. area used for business purposes; okay to rent homestead as long as no other residence is acquired
  • 31 Okla. Stat. Ann. 2 - Real property or manufactured home to unlimited value; property cannot exceed 1 acre in city, town, or village, or 160 acres elsewhere; $5,000 limit if more than 25% of total sq. ft. area used for business purposes; okay to rent homestead as long as no other residence is acquired
  • Or. Rev. Stat. 18.395 - Real property, mobile home or houseboat you occupy or intend to occupy to $40,000 ($50,000 for joint owners); property cannot exceed 1 block in town or city or 160 acres elsewhere; sale proceeds exempt 1 year from sale, if you intend to purchase another home
  • Or. Rev. Stat. 18.402 - Real property, mobile home or houseboat you occupy or intend to occupy to $40,000 ($50,000 for joint owners); property cannot exceed 1 block in town or city or 160 acres elsewhere; sale proceeds exempt 1 year from sale, if you intend to purchase another home
  • Or. Rev. Stat. 408.440 - Real property of a soldier or sailor during time of war
  • In re Wynn, 369 B.R. 605 (Bankr. D. Or 2007) - Homestead proceeds used for rent count as reinvestment within one year.
  • In re Pletz, 221 F.3d 1114 (9th Cir 2000) - Tenancy by entirety not exempt, but subject to rights of nondebtor spouse
  • In re Casserino, 379 F.3d 1069 (9th Cir. 2004) - Prepaid rent and security deposits for renter's dwelling
  • In re Martin, 259 B.R. 119 (M.D. Pa. 2001) - None; however, property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • R.I. Gen. Laws 9-26-4.1 - $500,000 in land & buildings you occupy or intend to occupy as a principal residence
  • S.C. Code Ann. 15-41-30 (A)(1) - Real property, including co-op, to $58,225 (joint owners to $116,450)
  • S.D. Codified Laws Ann. 43-31-1 - Real property to unlimited value or mobile home (larger than 240 sq. ft. at its base and registered in state at least 6 months before filing) to unlimited value; property cannot exceed 1 acre in town or 160 acres elsewhere; sale proceeds to $30,000 ($170,000 if over age 70 or widow or widower who hasn't remarried) exempt for 1 year after sale (husband & wife may not double)
  • S.D. Codified Laws Ann. 43-31-2 - Real property to unlimited value or mobile home (larger than 240 sq. ft. at its base and registered in state at least 6 months before filing) to unlimited value; property cannot exceed 1 acre in town or 160 acres elsewhere; sale proceeds to $30,000 ($170,000 if over age 70 or widow or widower who hasn't remarried) exempt for 1 year after sale (husband & wife may not double)
  • S.D. Codified Laws Ann. 43-31-3 - Real property to unlimited value or mobile home (larger than 240 sq. ft. at its base and registered in state at least 6 months before filing) to unlimited value; property cannot exceed 1 acre in town or 160 acres elsewhere; sale proceeds to $30,000 ($170,000 if over age 70 or widow or widower who hasn't remarried) exempt for 1 year after sale (husband & wife may not double)
  • S.D. Codified Laws Ann. 43-31-4 - Real property to unlimited value or mobile home (larger than 240 sq. ft. at its base and registered in state at least 6 months before filing) to unlimited value; property cannot exceed 1 acre in town or 160 acres elsewhere; sale proceeds to $30,000 ($170,000 if over age 70 or widow or widower who hasn't remarried) exempt for 1 year after sale (husband & wife may not double)
  • S.D. Codified Laws Ann. 43-31-5 - (Gold or silver mine, mill, or smelter not exempt)
  • S.D. Codified Laws Ann. 43-31-13 - Spouse or child of deceased owner may claim homestead exemption
  • S.D. Codified Laws Ann. 43-31-6 - May file homestead declaration
  • Tenn. Code Ann. 26-2-301 - $5,000; $7,500 for joint owners; $25,000 if at least one dependent is a minor child. (if 62 or older, 12,500 if single; $20,000 if married; $25,000 if spouse is also 62 or older)
  • In re Arango, 136 B.R. 740 (Bankr.E.D.Tenn. 1992) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse In re Arango, 136 B.R. 740 aff'd, 992 F.2d 611 (6th Cir. 1993)
  • In re Arango, 992 F.2d 611 (6th Cir. 1993) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse In re Arango, 136 B.R. 740 aff'd, 992 F.2d 611 (6th Cir. 1993)
  • In re Arwood, 289 B.R. 889 (Bankr.E.D.Tenn. 2003) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse In re Arango, 136 B.R. 740 aff'd, 992 F.2d 611 (6th Cir. 1993)
  • In re Hogue, 286 S.W.3d 890 (S.Ct.Tenn 2009) - $5,000; $7,500 for joint owners; $25,000 if at least one dependent is a minor child. (if 62 or older, 12,500 if single; $20,000 if married; $25,000 if spouse is also 62 or older)
  • Tenn. Code Ann. 26-2-302 - $5,000; $7,500 for joint owners; $25,000 if at least one dependent is a minor child. (if 62 or older, 12,500 if single; $20,000 if married; $25,000 if spouse is also 62 or older)
  • Tenn. Code Ann. 26-2-303 - 215 year lease
  • Tenn. Code Ann. 26-2-301 - Spouse or child of deceased owner may claim homestead exemption
  • Tex. Prop. Code Ann. 41.023 - Must file homestead declaration, or court will file it for you and charge you for doing so
  • Tex. Prop. Code Ann. 41.021 - Must file homestead declaration, or court will file it for you and charge you for doing so
  • Tex. Prop. Code Ann. 41.022 - Must file homestead declaration, or court will file it for you and charge you for doing so
  • Tex. Prop. Code Ann. 41.005 (f) - Must file homestead declaration, or court will file it for you and charge you for doing so
  • Tex. Prop. Code Ann. 41.003 - Unlimited; property cannot exceed 10 acres in town, village, city or 100 acres (200 for families) elsewhere; sale proceeds exempt for 6 months after sale (renting okay if another home not acquired, Prop. 41.003)
  • Tex. Prop. Code Ann. 41.001 - Unlimited; property cannot exceed 10 acres in town, village, city or 100 acres (200 for families) elsewhere; sale proceeds exempt for 6 months after sale (renting okay if another home not acquired, Prop. 41.003)
  • Tex. Prop. Code Ann. 41.002 - Unlimited; property cannot exceed 10 acres in town, village, city or 100 acres (200 for families) elsewhere; sale proceeds exempt for 6 months after sale (renting okay if another home not acquired, Prop. 41.003)
  • Tex. Const. Art. 16, 50 - Unlimited; property cannot exceed 10 acres in town, village, city or 100 acres (200 for families) elsewhere; sale proceeds exempt for 6 months after sale (renting okay if another home not acquired, Prop. 41.003)
  • Tex. Const. Art. 16, 51 - Unlimited; property cannot exceed 10 acres in town, village, city or 100 acres (200 for families) elsewhere; sale proceeds exempt for 6 months after sale (renting okay if another home not acquired, Prop. 41.003)
  • 11 U.S.C. 522 (d)(1), (d)(5) - Real property, including co-op or mobile home, or burial plot to $23,675; unused portion of homestead to $11,850 may be applied to any property
  • Utah Code Ann. 78B-5-503 (5)(b) - Sale proceeds exempt for 1 year
  • Utah Code Ann. 78B-5-504 - Must file homestead declaration before attempted sale of home
  • Utah Code Ann. 78B-5-503 (1),(2),(4) - Real property, mobile home, or water rights to $30,000 if primary residence; $5,000 if not primary residence (joint owners may double)
  • In re Williams, 104 F.3d 668 (4th Cir 1997) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • Va. Code Ann. 34-4 - $5,000 plus $500 per dependent; rents & profits; sale proceeds exempt to $5,000 (husband & wife may double, unused portion of homestead may be applied to any personal property); if 65 or older, exemption is $10,000
  • Cheeseman v.Nachman,, 656 F.2d 60 (4th Cir. 1981) - $5,000 plus $500 per dependent; rents & profits; sale proceeds exempt to $5,000 (husband & wife may double, unused portion of homestead may be applied to any personal property); if 65 or older, exemption is $10,000
  • Va. Code Ann. 34-18 - $5,000 plus $500 per dependent; rents & profits; sale proceeds exempt to $5,000 (husband & wife may double, unused portion of homestead may be applied to any personal property); if 65 or older, exemption is $10,000
  • Va. Code Ann. 34-20 - $5,000 plus $500 per dependent; rents & profits; sale proceeds exempt to $5,000 (husband & wife may double, unused portion of homestead may be applied to any personal property); if 65 or older, exemption is $10,000
  • In re Hoss, 233 B.R. 684 (W.D. Va 1999) - May include mobile home.
  • Va. Code Ann. 34-6 - Must file homestead declaration before filing for bankruptcy
  • In re Bunker, 312 f.3d 145 (4th Cir 2002) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • Va. Code Ann. 64.2-311 - Surviving spouse may claim $15,000; if no surviving spouse, minor children may claim exemption
  • Vt. Stat. Ann. tit. 27, 101 - Real property or mobile home to $125,000; may also claim rents, issues, profits, & out-buildings (husband and wife may not double)
  • In re McQueen, 21 B.R. 736 (D. Ver. 1982) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • Vt. Stat. Ann. tit. 27, 105 - Spouse of deceased owner may claim homestead exemption
  • D'Avignon v. Palmisano, 34 B.R. 796 (D. Vt. 1982) - Real property or mobile home to $125,000; may also claim rents, issues, profits, & out-buildings (husband and wife may not double)
  • In re Roberge, 307 B.R. 442 (Bankr. D. Vt. 2004) - Real property or mobile home to $125,000; may also claim rents, issues, profits, & out-buildings (husband and wife may not double)
  • Wash. Rev. Code Ann. 6.13.040 - Must record homestead declaration before sale of home if property unimproved or home unoccupied
  • Wash. Rev. Code Ann. 6.13.010 - Real property, manufactured home, or mobile home to $125,000; unimproved property intended for residence to $15,000 (husband and wife may not double)
  • Wash. Rev. Code Ann. 6.13.030 - Real property, manufactured home, or mobile home to $125,000; unimproved property intended for residence to $15,000 (husband and wife may not double)
  • Wis. Stat. Ann. 990.01 (14) - Property you occupy or intend to occupy to $75,000, not exceeding 40 acres; sale proceeds exempt for 2 years if you intend to purchase another home (husband & wife's may double)
  • Wis. Stat. Ann. 815.20 - Property you occupy or intend to occupy to $75,000, not exceeding 40 acres; sale proceeds exempt for 2 years if you intend to purchase another home (husband & wife's may double)
  • W. Va. Code 38-10-4 (a) - Real or personal property used as residence to $25,000; unused portion of homestead may be applied to any property (husband & wife may double)
  • Wyo. Stat. 1-20-101 - Real property or mobile home you occupy to $20,000 (joint owners may double)
  • Wyo. Stat. 1-20-102 - Real property or mobile home you occupy to $20,000 (joint owners may double)
  • Wyo. Stat. 1-20-104 - Real property or mobile home you occupy to $20,000 (joint owners may double)
  • Wyo. Stat. 1-20-103 - Spouse or child of deceased owner may claim homestead exemption
  • 25 U.S.C. 410 - Indian lands or homestead sales or lease proceeds

 

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